(A) Violations.
(1) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of their right to be heard on the accusation.
(2) Hearings. If a person accused of violating this article so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator.
(3) Hearing Officer. The City Council, or representative designated by the City Council, shall serve as the hearing officer.
(4) Decision. If the hearing officer determines that a violation of this article did occur, that decision, along with the hearing officers reasons for finding a violation and the penalty to be imposed under division (B) of this section, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator.
(5) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the city in which the alleged violation occurred.
(6) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
(B) Administrative penalties.
(1) Licensees. Any licensee found to have violated this article, or whose employee shall have violated this article, shall be charged an administrative fine of $300 for a first violation of this article; $600 for a second offense at the same licensed premises within a 36-month period; and $1,000 for a third or subsequent offense at the same location within a 36-month period. In addition, after the third offense, the license shall be suspended for not less than seven days. Upon a fourth violation within a 36-month period, the license will be revoked.
(2) Other individuals. Other individuals, other than persons under the age of 21 regulated by division (B)(3) of this section, found to be in violation of this article may be charged an administrative fee of $50.
(3) Persons under the age of 21. Persons under the age of 21 who purchase or attempt to purchase licensed products may only be subject to non-criminal, non-monetary civil penalties or remedies such as tobacco-related education classes, diversion programs, community services, or another non-monetary, civil penalty that the City determines to be appropriate. The City Council will consult educators, parents, guardians, persons under the age of 21, public health officials, court personnel, and other interested parties to determine an appropriate remedy for persons under the age of 21 in the City in the best interest of the underage person. The remedies for persons under 21 who use a false identification to purchase or attempt to purchase licensed products may be established by ordinance and amended from time to time.
(4) Statutory penalties. If the administrative penalty for violations against licensed retailers under division (B)(1) above authorized to be imposed by M.S. § 461.12, as it may be amended from time to time, differ from that established in this section, then the higher penalty will prevail.
(C) Misdemeanor. Nothing in this section prohibits the City from seeking prosecution as a misdemeanor for an alleged second violation of this ordinance by a person 21 years of age or older within five years of a previous conviction under the ordinance.
(Ord. 1371, passed 5-11-98; Am. Ord. 1670, passed 10-11-21)